Divorce can be one of the most emotionally and legally challenging events in a person’s life. Whether it’s mutual or contested, navigating the divorce process requires a solid understanding of legal rights, procedures, and consequences. In Canada, the legal framework aims to make the process fair and equitable, but it can still be complex—especially in situations involving a one sided divorce Canada. Canada’s laws are designed to protect both parties, but they also allow for a spouse to proceed even if the other partner is not in agreement.
In this article, we’ll explore the various aspects of divorce in Canada, including the grounds for divorce, legal process, implications of a one-sided divorce, child custody, spousal support, division of property, and more.
What Is a Divorce?
Divorce is the legal termination of a marriage. In Canada, only married couples can get divorced—common-law partners must resolve their issues through separate legal channels, as they are not considered married under Canadian federal law.
Divorce in Canada is governed by the Divorce Act, which is federal legislation. This means that the basic legal grounds and rules apply across all provinces and territories, although procedures may vary slightly depending on where you live.
Grounds for Divorce in Canada
There is only one legal ground for divorce in Canada: marriage breakdown. This breakdown can be demonstrated in one of three ways:
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Separation for at least one year (most common)
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Adultery
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Cruelty or physical/mental abuse
The most frequently used ground is separation. Couples must live apart for at least one year before filing for divorce under this condition. However, they can start the process before the year is complete, as long as they are not reconciling during that period.
In a one sided divorce (Canada), only one spouse needs to believe that the marriage has broken down. The other spouse’s consent is not necessary. This makes divorce accessible even in cases where one partner refuses to cooperate.
The Process of Getting a Divorce in Canada
1. Filing for Divorce
You must complete a divorce application and file it in a Superior Court of Justice or Supreme Court (depending on your province or territory). There are three main types of applications:
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Sole Divorce – One spouse files for divorce.
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Joint Divorce – Both spouses file together.
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Contested Divorce – One spouse files and the other disagrees with the terms (e.g., custody, property division).
2. Serving the Other Party
If it’s a sole application, the applicant must serve the divorce papers to the other spouse. This is a formal legal requirement, and proper procedures must be followed. If the spouse cannot be found, you can apply for a substituted service or other court-approved method.
3. Response and Court Proceedings
The other spouse has 30 days to respond (60 if outside Canada). If they don’t respond, the divorce may proceed uncontested. If they do respond, the case might require negotiation, mediation, or even court hearings.
4. Final Divorce Order
Once all issues are resolved (or uncontested), the court will issue a Divorce Order. It becomes final 31 days after the order is granted. After that, you can request a Certificate of Divorce—a document often needed if you plan to remarry.
What Happens in a One-Sided Divorce?
In a one sided divorce Canada scenario, one spouse may wish to end the marriage while the other does not. Fortunately, under Canadian law, mutual consent is not required. As long as one spouse can prove marriage breakdown (especially after a one-year separation), the court will proceed.
The resisting spouse can delay the process by disputing issues like custody, support, or property division, but they cannot prevent the divorce itself. Courts prioritize fairness and legal standards over emotional objections.
Child Custody and Parenting Arrangements
When children are involved, custody and parenting become central issues. Canada uses the terms "parenting time" and "decision-making responsibility" rather than custody.
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Parenting time refers to how much time each parent spends with the child.
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Decision-making responsibility relates to making major decisions about the child's welfare.
The court's guiding principle is the best interest of the child. Parents are encouraged to reach agreements through parenting plans or mediation, but courts can intervene if necessary.
Spousal and Child Support
Spousal Support
One spouse may be entitled to spousal support depending on:
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Length of the marriage
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Roles during the marriage (e.g., stay-at-home parent)
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Financial need
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Ability to support oneself
Support is not automatic—it must be requested and justified. The Spousal Support Advisory Guidelines provide helpful ranges, but judges have discretion.
Child Support
Child support is mandatory and based on the Federal Child Support Guidelines, which consider:
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Number of children
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Paying parent’s income
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Parenting arrangement
Even if a parent does not see the child, they are still obligated to provide support unless legally exempted.
Division of Property
In Canada, the division of property is governed by provincial laws. Generally, spouses are entitled to an equal share of the net family property accumulated during the marriage. This includes:
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Homes
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Vehicles
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Pensions
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Investments
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Debts (subtracted from assets)
The matrimonial home is treated specially: both spouses have equal rights to stay in the home until a settlement or court order is made, even if only one name is on the title.
Can You Get a Divorce Without a Lawyer?
Yes, many people in Canada handle their divorce without a lawyer, especially if it’s uncontested. However, legal advice is strongly recommended—particularly in one-sided or high-conflict divorces—to ensure your rights are protected.
There are also legal aid services, family law information centres, and online resources available to help navigate the process affordably.
How Long Does a Divorce Take?
The timeline depends on the complexity of the case:
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Uncontested divorce: 4 to 6 months
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Contested divorce: 1 year or more
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One-sided divorce with disputes: Can be prolonged based on court backlog and legal issues
Delays often stem from unresolved issues like parenting, support, or asset division.
Conclusion
Divorce in Canada is a structured but emotionally charged legal process. Whether mutual or one-sided, Canadian law ensures that everyone has the right to leave an unhappy marriage. In a one sided divorce, Canada’s legal framework supports the individual seeking separation, even if the other spouse disagrees.
Understanding your rights, responsibilities, and the legal steps involved is essential for protecting yourself and your family. Consulting with a lawyer or legal resource early in the process can save time, money, and emotional hardship.